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Copyright Act, 1957

11-C. Notice of application

(1) A copy of such application shall be served by registered mail on the owner of copyright and if the owner of such copyright is not known or is not traceable, a copy of the application shall be served on the publisher whose name appears on the work.

(2) The Copyright Board shall give an opportunity to the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, to be heard and may take such evidence in respect of the application as it thinks fit.

(3) If more than one application for translation of the work in the same language or for reproduction of the work or for publication of any unpublished work is pending before the Copyright Board, all such applications shall be considered together.

(4) If the Copyright Board is satisfied that the license for a translation of the work in the language or for reproduction of the work or for publication of unpublished work, applied for may be granted to the applicant, or if there are more applicants than one, to such one of the applicants, as in the opinion of the Copyright Board, would best serve the interests of the general public, it shall grant a license accordingly.

(5) Every such license shall be subject to the conditions provided in sub-section (7) of Section 31-A, clause (i) of sub-section (4) of Section 32 and clause (i) of sub-section (4) of Section 32-A relating to payment of royalties and shall specify:-

(a) The period within which such work shall be published;

(b) The rate at which royalties in respect of the copies of such work sold to the public shall be paid to the owner of the copyright in the work;

(c) In a case of translation of the work, the language in which the translation shall be produced and published; and

(d) The person or persons to whom such royalties shall be payable.

(6) The grant of every such license shall, as soon as possible, be notified in the official Gazette and a copy of the license shall be sent to the other parties concerned.

Copyright Act, 1957 Back

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